Assault and battery defense in Modesto
Assault and battery cases in California cover a wide spectrum — from a misdemeanor shoving match to a felony with a deadly-weapon allegation and great-bodily-injury enhancement that adds years. The labels matter: a charge under one Penal Code section can be a "strike" for life; the same conduct charged differently may not be.
What we handle
- PC 240 — Simple assault. An unlawful attempt to use force on another person. Misdemeanor.
- PC 242 — Battery. The actual unlawful touching. Misdemeanor.
- PC 243(d) — Battery with serious bodily injury. Wobbler.
- PC 245(a)(1) — Assault with a deadly weapon other than a firearm (ADW). Wobbler. A felony ADW can be a serious felony "strike."
- PC 245(a)(2)–(a)(4) — Assault with a firearm, semiautomatic, or by means likely to produce great bodily injury. Generally felonies, several with prison priors.
- PC 12022.7 — Great Bodily Injury (GBI) enhancement. Adds three years to a felony sentence. GBI is a finding of fact the jury makes; it's not automatic.
- PC 243(b)/(c) — Battery on a peace officer. Different elements and different defenses than civilian battery.
Wobblers, strikes, and what's actually on the table
California's "Three Strikes" law is built on a list of serious and violent felonies. A felony assault with a deadly weapon is on that list. A misdemeanor isn't. Reducing a felony ADW to a misdemeanor under PC 17(b) — or pleading to a non-strike felony alternative — is often the central strategy in these cases, even when the underlying facts are not in dispute.
That work happens before sentencing, not after.
Self-defense, defense of others, and mutual combat
California recognizes a real self-defense doctrine. The use of force is lawful when the person reasonably believed they were in imminent danger of suffering bodily injury, used no more force than was reasonably necessary, and the belief was both honest and reasonable.
In practice, the question on these cases is almost always whether what the client did was reasonable in proportion to what was happening. That's a fact-specific argument supported by witness statements, video, prior interactions, and the client's perspective at the moment.
Where alcohol, a crowd, or mutual provocation is involved, the case rarely lines up neatly with the police report. Witnesses give different accounts, video shows a different angle, and the "victim" sometimes had a role.
What I look at first
- Video. Bar cameras, doorbell cameras, gas-station footage, and body-cam. Preserved early; not preserved at all if no one asks.
- The 911 call. Often more useful than the report, both for what it says and for what it doesn't.
- Injuries — on both sides. Photographs of the client's hands, face, and clothing immediately after the incident matter as much as the alleged victim's photos.
- Prior history between the parties. Especially in alleged-victim cases that are functionally personal disputes.
- Witness statements as recorded vs. as remembered. People remember more than what's in the police summary.
Sentencing exposure (in brief)
- Misdemeanor PC 240/242: up to 6 months county jail, plus probation and fines.
- PC 245(a)(1) felony: 2, 3, or 4 years, plus possible enhancements.
- PC 245 with a firearm: 4, 6, or 8 years, plus firearm enhancements.
- A GBI finding: +3 years on top.
- A strike prior: doubles the sentence; two prior strikes triggers 25-to-life under most circumstances.
These are the statutory ranges. What actually gets imposed depends on negotiations, the court, and what we put on the record at sentencing.
What to do now
- Don't talk to detectives without counsel, including "just to give your side."
- Save everything — clothing, photos, texts, and contact information for any witness who saw what happened.
- Don't contact the alleged victim.